Having a Problem With a Probate Case?

Contact the Law Offices of Steven M. Adler, PLLC for Help!

Are you having a problem with an estate? When litigation ensues in regards
to an estate, it usually arises from one of two sources. It may be a challenge
to an estate planning document such as a
will or
trust, or it may have to do with the
administration of an estate such as whether the executor is acting responsibly in regards
to the execution of his or her duties.

Challenges to an
estate plan frequently occur when children or spouses are not treated equally as beneficiaries,
and this is especially the case when someone is not treated fairly as
compared to the other beneficiaries. At times an executor will breach
their fiduciary duty in one or more ways which in turn causes harm to
the estate. In such cases the beneficiaries may bring the matter before
the court and pursue legal remedies available under the law, which may
include having the executor removed from their position as an executor
or finding the executor legally liable for any harm done to the estate.

Lack of capacity is a common complaint. In such cases a beneficiary may
argue that the testator lacked the mental capacity to create a will in
the first place. For example, if someone was on their deathbed and on
heavy medications while asked to sign a will document, the testator may
have not even been aware of what they were signing. Another common reason
for "contesting a will" falls under the umbrella term of "undue
influence," which can include fraud or duress. In simple terms, undue
influence means the substitution of another person's will for that of
the testator or trustmaker.

Not all
probate litigation can be avoided or is bad. There are times where it's necessary
to protect an innocent person who has been wronged. If you need assistance
with a probate dispute, contact the
Law Offices of Steven M. Adler, PLLC for professional representation you can trust!

Why the Law Offices of Steven M. Adler, PLLC should be your first call

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.